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Brett Hankison's attorney says he's prepared to file appeal after officer notified of plans to fire him

If fired, Brett Hankison's attorney will have 10 days to request a hearing from the Police Merit Board.

LOUISVILLE, Ky. — In his termination letter, LMPD says Officer Brett Hankison violated procedures when he "blindly" fired 10 rounds into Breonna Taylor's apartment, killing her during the serving of a no knock warrant on March 13. Despite last week's termination letter, things are not final. 

Hankison's attorney, David Leightty said there will be a pretermination hearing on Tuesday with LMPD's interim Chief Robert Schroeder. During the hearing, Hankison will have a chance to make a case as to why he should not be fired. It will be up to Schroeder to finalize Hankison's termination.

If fired, Hankison's attorney will have 10 days to request a hearing from the Police Merit Board. 

RELATED: 'He 'blindly' fired 10 rounds into Breonna Taylor's apartment,' Brett Hankison's termination letter says

"This is just the process that is in place to ensure everyone gets their right to due process," president of River City Fraternal Order of Police, Ryan Nichols said. 

LMPD and Mayor Greg Fischer say Kentucky law bans them from talking about the next steps.

Nichols explained what a typical merit board hearing would look like. 

"They'll review the evidence of that case and each side will be able to present testimony and subpoena, witnesses – it will function very much like a trial," Nichols said. "Then they'll take everything into account that was presented to them and then they will make their decision."

That decision can be appealed in Jefferson County Circuit Court. Hankison's attorney told WHAS11 on the phone, "If they terminate Brett I will fire an appeal."

If the board decides Hankison's firing was unjustified, it can create a new penalty instead.

RELATED: Officer to be fired for involvement in Breonna Taylor's case

"For example, say a termination should not have occurred in a specific case and a recommendation of maybe a suspension 25 days hypothetically they can make a recommendation of that sort," Nichols said. 

There are five members on the Police Merit Board appointed by the Mayor. Two police officers are elected by LMPD as board members in discipline cases. One of them right now is Brett Hankison, but as long as he is terminated, he is no longer a member.

RELATED: What do we know about Brett Hankison?

"The officers of the LMPD would conduct an election to replace that member on the board for the remainder of that term," Nichols said. 

Once a hearing is scheduled it will be open to the public. The process can take anywhere between a day to weeks.

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